18. Guinea is a party to the main regional and subregional instruments for the promotion and protection of human rights, including the Charter of the Organization of African Unity, the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, the Convention on Mutual Assistance in Criminal Matters of the Economic Community of West African States (ECOWAS), and the ECOWAS Convention on Extradition.
C. Institutional human rights framework
1. Judicial institutions
19. The justice system of Guinea is underpinned by the principles of oneness, the right to a second hearing, the independence and impartiality of the judiciary, equality before the law and before the courts, the presumption of innocence, the right to a defence, the requirement that offences and punishments be defined by law, and the right to legal aid and legal assistance. Judicial power is vested in and exercised by the courts and tribunals, with the Supreme Court constituting the highest authority. In addition to adjudicating on disputes and issuing judgements, the courts’ duties include monitoring and verifying the compliance of laws with the Constitution and conventions and the legality of administrative acts.
2. Other constitutional institutions
20. Guinea also has the following institutions: the Presidency, the National Assembly, the Supreme Court, the High Court of Justice, and the Economic and Social Council.
3. Other institutions and mechanisms
21. The National Council for Communication was established by organizational act to assume responsibility for regulating and supervising media activities.
22. In addition to the National Observatory for Democracy and Human Rights created by Prime Ministerial Decree No. 02405/PM/SG/2008 of 12 June 2008, a national office or unit responsible for promoting and protecting human rights has been established in the majority of ministerial departments.
23. Non-judicial institutions include the Children’s Parliament.
4. Organization of civil society
24. Guinea has licensed almost 1,300 NGOs and other civil society organizations, many of which work in the promotion and protection of human rights. Although Act No.
L/013/AN of 4 July 2005 stipulates that such organizations may be created without charge, the approval procedure that the authorities require applicants to follow entails the payment of a stamp duty. The amount of this duty is a cause of concern for NGOs.
D. National jurisprudence
25. The courts and tribunals in Guinea have issued various decisions concerning the protection of human rights. The Indictments Chamber annulled the proceedings instituted against the political leaders charged with attempted offences against State security.
26. The Constitutional Chamber of the Supreme Court has investigated and adjudicated on various disputes linked to the presidential and legislative elections.
27. The courts of first instance and magistrates’ courts have heard numerous cases of electoral disputes relating to municipal and local elections.
28. Similarly, the labour tribunal has issued a considerable number of decisions relating to trade union elections, labour law, social security protection and freedom of association.
29. The juvenile justice system is responsible for protecting the rights of the child in accordance with the Convention on the Rights of the Child.
30. Since the adoption of the Press Freedom Act in December 1991, national courts have adjudicated in various disputes involving the press.
III. Promotion and protection of human rights on the ground
A. Civil and political rights
31. The civil and political rights of citizens are guaranteed in various legal and regulatory texts. The justice system of Guinea respects the principle of monism, giving precedence to international law. Accordingly, international covenants and conventions prevail over national legislation. The Constitution of Guinea has always stipulated that
“lawfully ratified treaties or agreements shall, upon their publication, have an authority superior to that of domestic laws, subject, for each agreement or treaty, to its application by the other party”.
1. Right of citizens to choose their leaders
32. The right of citizens to freely choose their leaders in regular elections has been enshrined in all constitutional texts of Guinea. An electoral act establishes the conditions under which citizens elect their Government. However, citizens have not exercised their right to elect their leaders since 2005.
2. Freedom of opinion, freedom of expression and press freedom
33. The principles of freedom of opinion, freedom of expression and press freedom have constitutional rank in the legal order of Guinea. The National Council for Communication and the Supreme Court perform ex-post monitoring of the exercise of these freedoms by citizens. Several private press agencies are operational on the ground.
34. Citizens and the media openly criticize the Government and the authorities.
However, the State-controlled media, including the newspaper Horoya and the radio and television networks, generally cover the activities of the public authorities only and rarely include information challenging this coverage. In addition, the aforementioned rights have been repeatedly violated, and the arrest of journalists, seizure of equipment, and suspension of distribution or publication are routine practices.
35. The press and print media are free. There are many independent newspapers and radio stations currently contributing to freedom of expression. The press is regulated by Act No. L/91/005/CTRN of 23 December 1993 and the terms and conditions governing the creation of private radio stations and television channels are set out in related regulations.
3. Freedom of assembly and association
36. The country has witnessed the emergence of various associations and trade unions since 1986. There are now a number of trade union confederations active in the country, the principal ones being the National Confederation of Workers of Guinea (CNTG), the Trade Union of Workers of Guinea (USTG), the Democratic Union of Workers of Guinea (UDTG), and the National Organization of Free Trade Unions of Guinea (ONSLG).
37. Freedom of association and assembly is a constitutional principle recognized and proclaimed in the successive constitutions of Guinea. However, for reasons of security and public order, advance notification is required for the exercise of these freedoms.
38. The freedom to form associations and societies to exercise political, economic, social and cultural rights and activities collectively, also enshrined in the Constitution, is reiterated in Acts Nos. L/2005/013/AN and L/2005/014/AN of 4 July 2005. At present, there are 101 political parties and 1,300 NGOs and associations freely carrying on their activities throughout the country. However, certain obstacles persist or arise intermittently that impede the exercise of the right to hold political and social meetings and demonstrations.
39. With regard to political parties and organizations, the Constitution recognizes that
“political parties and groupings contribute to the exercise of the right to vote. They shall be permitted to form freely and shall carry on their activities in accordance with the conditions established by law, respecting the principles of national sovereignty, territorial integrity, national unity and pluralist democracy” (art. 3). Organization Act No. L/91/002/CTRN of 23 December 1991 established the Political Parties Charter, and the law regulating opposition parties provides a framework for fair competition and the handover of political power.
4. Right to effective judicial remedy and right to a fair and prompt hearing
40. The right to a fair and prompt hearing, the right to judicial recourse, the right to present a defence, and the right to appeal against judicial and administrative decisions are enshrined in the Constitution and guaranteed by law. It was in this context that, following the legislative elections of 30 June 2002, the Supreme Court ruled on four appeals challenging the result of the ballot on the grounds of electoral irregularities. On 8 January 2004, a further appeal was lodged with the Supreme Court challenging the provisional results announced by the ministry overseeing the presidential elections. Although prohibited and punished by law, interference and intrusion in judicial affairs by the civil and military authorities are an obstacle to a fair trial.
41. Persons arrested for offences of varying degrees of seriousness are detained beyond the legally-permitted period. Women and children are detained for lengthy periods in the civil prison. The principle of segregation by prisoner category is not respected, even in the case of women and children. The juvenile court is not operational, owing to a lack of
judges. The legal assistance provided for in the law of May 2004 is not available for various reasons. Legal aid is ineffectual. Court and prison infrastructures are obsolete or dilapidated, causing overcrowding in detention facilities. Prison guards have not received professional training and there are too few of them.
5. Right to life and protection of the human person
42. The life and person of the individual are sacred; consequently, no person may be subjected to torture or cruel, inhuman or degrading treatment. Domestic legislation, in accordance with international legal instruments, regulates and penalizes attacks on life and the person, in addition to prohibiting cruel, inhuman and degrading treatment. However, killings, assaults and other forms of violence ensuing from the political and social crises that have shaken the country over the past four years have been sources of acute concern for the country’s population. Human rights defenders have suffered abuse or have been deprived of their liberty during these crises. The violations culminated in the events of 28 September 2009. There is a problem with the presumption of innocence during police enquiries, as arrest precedes investigation.
6. Right to non-discrimination
43. The equality of all persons before the law is a general legal principle that has been affirmed in Guinea’s successive constitutions, as well as in national laws. Guinean men and women have the same rights and duties. Privileges and disadvantages conferred on the basis of origin, race, religion, political opinion or social status are prohibited. However, from the point of view of female participation in decision-making bodies, gender equality is very limited. The State regulates and penalizes acts of discrimination through the provisions of criminal law while seeking to ensure the elimination of all forms of discrimination, particularly discrimination against women, and guarantee the protection of these rights in all areas of public and private life through the provisions of civil and employment law.
7. Right to vote
44. Besides recognizing the right to vote and run for election, article 20, paragraph 2, of the Constitution states that every citizen has a duty to take part in elections, to promote tolerance and democratic values, and to demonstrate loyalty towards the State. An independent national electoral commission was established in 2007 to ensure transparency and prevent irregularities in the electoral process.
8. Equality between men and women
45. In accordance with article 8 of the Constitution, no legal provisions make a distinction between the rights of men and the rights of women. Gender issues are taken into account in national laws and policies. However, women are calling for greater female representation in positions of responsibility in the political and administrative spheres.
46. In education, equal access for girls and boys is the guiding principle for school enrolment. However, positive discrimination in favour of girls is permitted, and a number of incentives and support measures have been adopted to this end. The tiny number of girls in school relative to the number of boys is essentially attributable to sociocultural obstacles.
47. The right to work and access to public service is guaranteed to all Guineans without discrimination, subject to the inherent requirements of each position. These rights are enshrined in the general and specific regulations governing public officials and in the Labour Code. However, the policy on job creation is failing to produce the desired effect.
9. Respect for the human person
48. The constitutional tradition of Guinea, as established in successive constitutions, places the freedoms and fundamental rights and duties of the human person at the apex of the legal pyramid, stipulating that “life and the human person are sacred and inviolable”
(Constitution, art. 5). Safeguarding the physical and psychological integrity of the human person and protecting fundamental human rights, as defined in the relevant international instruments, are considered duties of the State towards its people.
49. The Constitution recognizes and affirms that “every individual has the right to life, integrity of the person, security, freedom, protection of their privacy and their property”
(art. 6).
50. The Criminal Code makes provision for offences against human life and the person and establishes criminal penalties for these offences in accordance with the principle that
“no-one shall be subjected to torture or cruel, inhuman or degrading treatment of either their body in general or the reproductive organs in particular”. In addition to the legal prohibition, steps are being taken to effectively combat all forms of violence, including female genital mutilation, early marriage, domestic violence and sexual abuse. However, abuses by law enforcement officers are rarely punished.
10. Freedom of conscience and freedom of religion
51. The freedoms of speech, expression of opinion, communication, conscience, religion, the press, movement, demonstration and procession are guaranteed by the Constitution and various other legal texts.
52. The above freedoms may be restricted only under the conditions established by law and where necessary for the sake of “respect for the life, freedoms and rights of others and the imperative to safeguard public order and morality”. Their violation incurs the penalties established in the Criminal Code.
53. In Guinea, the principle of State secularism ensures effective separation between religion and the State. The Guinean Criminal Code establishes penalties for disruptions of public order attributable to ministers of faith.
11. Prohibition of slavery and forced labour
54. Both the Constitution and labour laws reflect the provisions of the International Labour Organization conventions concerning the prohibition of forced labour, the employment of women during the night, and the abolition of child labour.
12. Right to recognition as a person before the law and special protection of children 55. The right to life is a principle that is applied to all Guinean children. Children aged between 13 and 18 who come into conflict with the law enjoy protection of their dignity and their person. The law stipulates that the death penalty may not be imposed on minors and that custodial sentences should be handed down as a last resort. The law also establishes alternative punitive measures.
56. With the aim of protecting women and child victims of human trafficking, Guinea has signed a regional cooperation agreement and adopted the regional Action Plan to Combat Trafficking in Human Beings, Especially Women and Children, signed in Abuja, Nigeria, on 7 July 2006. The agreement deals with the prevention of trafficking, the prosecution of perpetrators, assistance and protection for victims, as well as their rehabilitation and social reintegration, and coordination of the investigation, arrest and sentencing of traffickers and their accomplices. A number of cases of trafficking in women
and children have been brought before the courts and severe deterrent penalties have been imposed on the perpetrators and their accomplices.
57. Children are exposed to trafficking and labour or come into conflict with the law as a result of extreme poverty, often on the orders of individuals who manage to evade prosecution.
58. The recruitment by the military of children aged under 18 is prohibited by law.
59. A children’s parliament has been established to give children a voice, as recommended by the United Nations. Guinea has also undertaken to implement the Paris Principles prohibiting the recruitment of children in armed conflict.
60. In addition, courses on international humanitarian law have been introduced in gendarmerie, police, civil protection and military training schools, with the aim of increasing protection for vulnerable persons in times of conflict.
61. In 2005 the Government of Guinea drafted and approved a policy on the comprehensive development of young children which aims to ensure that, by 2015, all children up to the age of 8 are registered at birth, are protected from violence, exploitation and discrimination, are in good health, and develop in a well-balanced manner in physical, cognitive, socio-affective and psychological terms.
62. To help improve the civil registration system, projects to modernize and improve Guinea’s civil registry have been implemented with the support of the United Nations Development Programme (UNDP), the European Union and the United Nations Children’s Fund (UNICEF). These projects are in addition to the establishment and operation of a national criminal records office.
13. Security of the person
63. Article 5 of the Guinean Constitution guarantees the protection, freedom and security of persons. Fundamental freedoms and rights are recognized and their exercise by citizens is guaranteed subject to the conditions and according to the procedures established in the Constitution and by law.
64. Police custody is regulated by the Code of Criminal Procedure. Pursuant to article 77 of the Code: “Police officers may hold a person in custody for the purposes of questioning in an investigation for no more than 48 hours. Once this time limit has expired, the person must either be released or brought before the prosecutor’s office.” Any violations of this provision are reported, although perpetrators are not prosecuted or punished. The Inspectorate-General of Judicial Services and the prosecutors’ offices attached to the courts and tribunals carry out regular, unannounced inspections of police stations in order to combat such violations. However, the limited resources of the inspectorate and the prosecutors’ offices limit the efficacy of their actions.
65. Numerous checkpoints have been erected between towns and villages in a bid to step up the fight against drug trafficking, human trafficking and other criminal activities.
However, these checkpoints present a serious obstacle to the free movement of people because there are so many of them and because of harassment by the officers manning them.
14. Right to a fair trial
66. The right to a fair trial is enshrined in article 9 of the Constitution. Act No.
014/AN/2004 of 26 May 2004 on the organization of the legal profession reinforces this principle by providing that lawyers must provide assistance to their clients from the moment the latter are apprehended by the police.
67. The dysfunctional nature of the judicial system gave rise to the idea of organizing national consultations on justice in the very near future. A draft programme of judicial reforms has been drawn up on the basis of a study financed by the European Union. Eight core areas of action have been identified:
(a) Redrawing the boundaries of judicial districts;
(b) Review of legislative texts;
(c) Building up the courts’ human resources;
(d) Promotion and protection of human rights;
(e) Training and communication;
(f) Infrastructure and equipment;
(g) Improved salaries and living and working conditions for judges;
(h) Combating corruption and impunity.
68. At present the European Union is the only donor to have indicated a readiness to support the reform process, the cost of which has not yet been determined.
69. Upon conclusion of the national consultations, with financial support from the European Union, the Government should be able to implement measures that will improve public access to justice and increase the availability of legal aid for the most disadvantaged.
70. The sanctions that the international community imposed on Guinea after the CNDD seized power have stalled the implementation of these projects.
15. Right to take part in the conduct of public affairs
71. Since the advent of democracy and freedom in December 1985, Guinea has shown, through its policy agenda, a political will to transform itself into a State governed by the
71. Since the advent of democracy and freedom in December 1985, Guinea has shown, through its policy agenda, a political will to transform itself into a State governed by the